Proposition
203English Language Education for Children
in Public Schools

Summary:

Requires that all public school instruction be conducted
in English. Children not fluent in English shall normally be placed in
an intensive one-year English immersion program to teach them the language
as quickly as possible while also learning academic subjects. Parents may
request a waiver of these requirements for children who already know English,
are ten years or older, or have special needs best suited to a different
educational approach. Normal foreign language programs are completely unaffected.
Enforcement lawsuits by parents and guardians are permitted.

Text:

Sec. 1. Findings and Declarations

The People of Arizona find and declare:

The English language is the national public language
of the United States of America and of the state of Arizona. It is spoken
by the vast majority of Arizona residents, and is also the leading world
language for science, technology, and international business, thereby being
the language of economic opportunity; and

Immigrant parents are eager to have their children acquire
a good knowledge of English, thereby allowing them to fully participate
in the American Dream of economic and social advancement; and

The government and the public schools of Arizona have
a moral obligation and a constitutional duty to provide all of Arizona’s
children, regardless of their ethnicity or national origins, with the skills
necessary to become productive members of our society. Of these skills,
literacy in the English language is among the most important.

The public schools of Arizona currently do an inadequate
job of educating immigrant children, wasting financial resources on costly
experimental language programs whose failure over the past two decades
is demonstrated by the current high drop-out rates and low English literacy
levels of many immigrant children.

Young immigrant children can easily acquire full fluency
in a new language, such as English, if they are heavily exposed to that
language in the classroom at an early age.

Therefore it is resolved that: all children in Arizona
public schools shall be taught English as rapidly and effectively as possible.

Under circumstances in which portions of this statute
are subject to conflicting interpretations, these Findings and Declarations
shall be assumed to contain the governing intent of the statute.

Sec. 3. Title 15, chapter 7, Arizona Revised Statutes,
is amended by adding a new article 3.1, to read:

ARTICLE 3.1. ENGLISH LANGUAGE EDUCATION FOR CHILDREN
IN PUBLIC SCHOOLS

SECTION 15-751. DEFINITIONS

IN THIS ARTICLE,

"BILINGUAL EDUCATION/NATIVE LANGUAGE INSTRUCTION" MEANS
A LANGUAGE ACQUISITION PROCESS FOR STUDENTS IN WHICH MUCH OR ALL INSTRUCTION,
TEXTBOOKS, OR TEACHING MATERIALS ARE IN THE CHILD’S NATIVE LANGUAGE OTHER
THAN ENGLISH.

"ENGLISH LANGUAGE CLASSROOM" MEANS A CLASSROOM IN WHICH
ENGLISH IS THE LANGUAGE OF INSTRUCTION USED BY THE TEACHING PERSONNEL,
AND IN WHICH SUCH TEACHING PERSONNEL POSSESS A GOOD KNOWLEDGE OF THE ENGLISH
LANGUAGE. ENGLISH LANGUAGE CLASSROOMS ENCOMPASS BOTH ENGLISH LANGUAGE MAINSTREAM
CLASSROOMS AND SHELTERED ENGLISH IMMERSION CLASSROOMS

"ENGLISH LANGUAGE MAINSTREAM CLASSROOM" MEANS A CLASSROOM
IN WHICH THE STUDENTS EITHER ARE NATIVE ENGLISH LANGUAGE SPEAKERS OR ALREADY
HAVE ACQUIRED REASONABLE FLUENCY IN ENGLISH.

"ENGLISH LEARNER" OR "LIMITED ENGLISH PROFICIENT STUDENT"
MEANS A CHILD WHO DOES NOT SPEAK ENGLISH OR WHOSE NATIVE LANGUAGE IS NOT
ENGLISH, AND WHO IS NOT CURRENTLY ABLE TO PERFORM ORDINARY CLASSROOM WORK
IN ENGLISH.

"SHELTERED ENGLISH IMMERSION" OR "STRUCTURED ENGLISH
IMMERSION" MEANS AN ENGLISH LANGUAGE ACQUISITION PROCESS FOR YOUNG CHILDREN
IN WHICH NEARLY ALL CLASSROOM INSTRUCTION IS IN ENGLISH BUT WITH THE CURRICULUM
AND PRESENTATION DESIGNED FOR CHILDREN WHO ARE LEARNING THE LANGUAGE. BOOKS
AND INSTRUCTIONAL MATERIALS ARE IN ENGLISH AND ALL READING, WRITING, AND
SUBJECT MATTER ARE TAUGHT IN ENGLISH. ALTHOUGH TEACHERS MAY USE A MINIMAL
AMOUNT OF THE CHILD’S NATIVE LANGUAGE WHEN NECESSARY, NO SUBJECT MATTER
SHALL BE TAUGHT IN ANY LANGUAGE OTHER THAN ENGLISH, AND CHILDREN IN THIS
PROGRAM LEARN TO READ AND WRITE SOLELY IN ENGLISH. THIS EDUCATIONAL METHODOLOGY
REPRESENTS THE STANDARD DEFINITION OF "SHELTERED ENGLISH" OR "STRUCTURED
ENGLISH" FOUND IN EDUCATIONAL LITERATURE.

SECTION 15-752. ENGLISH LANGUAGE EDUCATION

SUBJECT TO THE EXCEPTIONS PROVIDED IN SECTION 15-753,
ALL CHILDREN IN ARIZONA PUBLIC SCHOOLS SHALL BE TAUGHT ENGLISH BY BEING
TAUGHT IN ENGLISH AND ALL CHILDREN SHALL BE PLACED IN ENGLISH LANGUAGE
CLASSROOMS. CHILDREN WHO ARE ENGLISH LEARNERS SHALL BE EDUCATED THROUGH
SHELTERED ENGLISH IMMERSION DURING A TEMPORARY TRANSITION PERIOD NOT NORMALLY
INTENDED TO EXCEED ONE YEAR. LOCAL SCHOOLS SHALL BE PERMITTED BUT NOT REQUIRED
TO PLACE IN THE SAME CLASSROOM ENGLISH LEARNERS OF DIFFERENT AGES BUT WHOSE
DEGREE OF ENGLISH PROFICIENCY IS SIMILAR. LOCAL SCHOOLS SHALL BE ENCOURAGED
TO MIX TOGETHER IN THE SAME CLASSROOM ENGLISH LEARNERS FROM DIFFERENT NATIVE-LANGUAGE
GROUPS BUT WITH THE SAME DEGREE OF ENGLISH FLUENCY. ONCE ENGLISH LEARNERS
HAVE ACQUIRED A GOOD WORKING KNOWLEDGE OF ENGLISH AND ARE ABLE TO DO REGULAR
SCHOOL WORK IN ENGLISH, THEY SHALL NO LONGER BE CLASSIFIED AS ENGLISH LEARNERS
AND SHALL BE TRANSFERRED TO ENGLISH LANGUAGE MAINSTREAM CLASSROOMS. AS
MUCH AS POSSIBLE, CURRENT PER CAPITA SUPPLEMENTAL FUNDING FOR ENGLISH LEARNERS
SHALL BE MAINTAINED. FOREIGN LANGUAGE CLASSES FOR CHILDREN WHO ALREADY
KNOW ENGLISH SHALL BE COMPLETELY UNAFFECTED, AS SHALL SPECIAL EDUCATIONAL
PROGRAMS FOR PHYSICALLY- OR MENTALLY-IMPAIRED STUDENTS.

SECTION 15-753. PARENTAL WAIVERS

A. THE REQUIREMENTS OF SECTION 15-752 MAY BE WAIVED
WITH THE PRIOR WRITTEN INFORMED CONSENT, TO BE PROVIDED ANNUALLY, OF THE
CHILD’S PARENTS OR LEGAL GUARDIAN UNDER THE CIRCUMSTANCES SPECIFIED IN
THIS SECTION. SUCH INFORMED CONSENT SHALL REQUIRE THAT SAID PARENTS OR
LEGAL GUARDIAN PERSONALLY VISIT THE SCHOOL TO APPLY FOR THE WAIVER AND
THAT THEY THERE BE PROVIDED A FULL DESCRIPTION OF THE EDUCATIONAL MATERIALS
TO BE USED IN THE DIFFERENT EDUCATIONAL PROGRAM CHOICES AND ALL THE EDUCATIONAL
OPPORTUNITIES AVAILABLE TO THE CHILD. IF A PARENTAL WAIVER HAS BEEN GRANTED,
THE AFFECTED CHILD SHALL BE TRANSFERRED TO CLASSES TEACHING ENGLISH AND
OTHER SUBJECTS THROUGH BILINGUAL EDUCATION TECHNIQUES OR OTHER GENERALLY
RECOGNIZED EDUCATIONAL METHODOLOGIES PERMITTED BY LAW. INDIVIDUAL SCHOOLS
IN WHICH 20 STUDENTS OR MORE OF A GIVEN GRADE LEVEL RECEIVE A WAIVER SHALL
BE REQUIRED TO OFFER SUCH A CLASS; IN ALL OTHER CASES, SUCH STUDENTS MUST
BE PERMITTED TO TRANSFER TO A PUBLIC SCHOOL IN WHICH SUCH A CLASS IS OFFERED.

B. THE CIRCUMSTANCES IN WHICH A PARENTAL EXCEPTION
WAIVER MAY BE APPLIED FORUNDER THIS SECTION ARE AS FOLLOWS:

CHILDREN WHO ALREADY KNOW ENGLISH: THE CHILD ALREADY
POSSESSES GOOD ENGLISH LANGUAGE SKILLS, AS MEASURED BY ORAL EVALUATION
OR STANDARDIZED TESTS OF ENGLISH VOCABULARY COMPREHENSION, READING, AND
WRITING, IN WHICH THE CHILD SCORES APPROXIMATELY AT OR ABOVE THE STATE
AVERAGE FOR HIS GRADE LEVEL OR AT OR ABOVE THE 5TH GRADE AVERAGE,
WHICHEVER IS LOWER; OR

OLDER CHILDREN: THE CHILD IS AGE 10 YEARS OR OLDER,
AND IT IS THE INFORMED BELIEF OF THE SCHOOL PRINCIPAL AND EDUCATIONAL STAFF
THAT AN ALTERNATE COURSE OF EDUCATIONAL STUDY WOULD BE BETTER SUITED TO
THE CHILD’S OVERALL EDUCATIONAL PROGRESS AND RAPID ACQUISITION OF BASIC
ENGLISH LANGUAGE SKILLS; OR

CHILDREN WITH SPECIAL INDIVIDUAL NEEDS: THE CHILD ALREADY
HAS BEEN PLACED FOR A PERIOD OF NOT LESS THAN THIRTY CALENDAR DAYS DURING
THAT SCHOOL YEAR IN AN ENGLISH LANGUAGE CLASSROOM AND IT IS SUBSEQUENTLY
THE INFORMED BELIEF OF THE SCHOOL PRINCIPAL AND EDUCATIONAL STAFF THAT
THE CHILD HAS SUCH SPECIAL AND INDIVIDUAL PHYSICAL OR PSYCHOLOGICAL NEEDS,
ABOVE AND BEYOND THE CHILD’S LACK OF ENGLISH PROFICIENCY, THAT AN ALTERNATE
COURSE OF EDUCATIONAL STUDY WOULD BE BETTER SUITED TO THE CHILD’S OVERALL
EDUCATIONAL DEVELOPMENT AND RAPID ACQUISITION OF ENGLISH. A WRITTEN DESCRIPTION
OF NO LESS THAN 250 WORDS DOCUMENTING THESE SPECIAL INDIVIDUAL NEEDS FOR
THE SPECIFIC CHILD MUST BE PROVIDED AND PERMANENTLY ADDED TO THE CHILD’S
OFFICIAL SCHOOL RECORDS, AND THE WAIVER APPLICATION MUST CONTAIN THE ORIGINAL
AUTHORIZING SIGNATURES OF BOTH THE SCHOOL PRINCIPAL AND THE LOCAL SUPERINTENDENT
OF SCHOOLS. ANY SUCH DECISION TO ISSUE SUCH AN INDIVIDUAL WAIVER IS TO
BE MADE SUBJECT TO THE EXAMINATION AND APPROVAL OF THE LOCAL SCHOOL SUPERINTENDENT,
UNDER GUIDELINES ESTABLISHED BY AND SUBJECT TO THE REVIEW OF THE LOCAL
GOVERNING BOARD AND ULTIMATELY THE STATE BOARD OF EDUCATION. TEACHERS AND
LOCAL SCHOOL DISTRICTS MAY REJECT WAIVER REQUESTS WITHOUT EXPLANATION OR
LEGAL CONSEQUENCE, THE EXISTENCE OF SUCH SPECIAL INDIVIDUAL NEEDS SHALL
NOT COMPEL ISSUANCE OF A WAIVER, AND THE PARENTS SHALL BE FULLY INFORMED
OF THEIR RIGHT TO REFUSE TO AGREE TO A WAIVER.

SECTION 15-754. LEGAL STANDING AND PARENTAL ENFORCEMENT

AS DETAILED IN SECTIONS 15-752 AND 15-753, ALL ARIZONA
SCHOOL CHILDREN HAVE THE RIGHT TO BE PROVIDED AT THEIR LOCAL SCHOOL WITH
AN ENGLISH LANGUAGE PUBLIC EDUCATION. THE PARENT OR LEGAL GUARDIAN OF ANY
ARIZONA SCHOOL CHILD SHALL HAVE LEGAL STANDING TO SUE FOR ENFORCEMENT OF
THE PROVISIONS OF THIS STATUTE, AND IF SUCCESSFUL SHALL BE AWARDED NORMAL
AND CUSTOMARY ATTORNEY’S FEES AND ACTUAL AND COMPENSATORY DAMAGES, BUT
NOT PUNITIVE OR CONSEQUENTIAL DAMAGES. ANY SCHOOL BOARD MEMBER OR OTHER
ELECTED OFFICIAL OR ADMINISTRATOR WHO WILLFULLY AND REPEATEDLY REFUSES
TO IMPLEMENT THE TERMS OF THIS STATUTE MAY BE HELD PERSONALLY LIABLE FOR
FEES AND ACTUAL AND COMPENSATORY DAMAGES BY THE CHILD’S PARENTS OR LEGAL
GUARDIAN, AND CANNOT BE SUBSEQUENTLY INDEMNIFIED FOR SUCH ASSESSED DAMAGES
BY ANY PUBLIC OR PRIVATE THIRD PARTY. ANY INDIVIDUAL FOUND SO LIABLE SHALL
BE IMMEDIATELY REMOVED FROM OFFICE, AND SHALL BE BARRED FROM HOLDING ANY
POSITION OF AUTHORITY ANYWHERE WITHIN THE ARIZONA PUBLIC SCHOOL SYSTEM
FOR AN ADDITIONAL PERIOD OF FIVE YEARS.

IN ORDER TO ENSURE THAT THE EDUCATIONAL PROGRESS
OF ALL ARIZONA STUDENTS IN ACADEMIC SUBJECTS AND IN LEARNING ENGLISH IS
PROPERLY MONITORED, A STANDARDIZED, NATIONALLY-NORMED WRITTEN TEST OF ACADEMIC
SUBJECT MATTER GIVEN IN ENGLISH SHALL BE ADMINISTERED AT LEAST ONCE EACH
YEAR TO ALL ARIZONA PUBLIC SCHOOLCHILDREN IN GRADES 2 AND HIGHER. ONLY
STUDENTS CLASSIFIED AS SEVERELY LEARNING DISABLED MAY BE EXEMPTED FROM
THIS TEST. THE PARTICULAR TEST TO BE USED SHALL BE SELECTED BY THE OFFICE
OF THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, AND IT IS INTENDED THAT
THE TEST SHALL GENERALLY REMAIN THE SAME FROM YEAR TO YEAR. THE NATIONAL
PERCENTILE SCORES OF STUDENTS SHALL BE CONFIDENTIALLY PROVIDED TO INDIVIDUAL
PARENTS, AND THE AGGREGATED PERCENTILE SCORES AND DISTRIBUTIONAL DATA FOR
INDIVIDUAL SCHOOLS AND SCHOOL DISTRICTS SHALL BE MADE PUBLICLY AVAILABLE
ON AN INTERNET WEB SITE; THE SCORES FOR STUDENTS CLASSIFIED AS "LIMITED-ENGLISH"
SHALL BE SEPARATELY SUB-AGGREGATED AND MADE PUBLICLY AVAILABLE THERE AS
WELL. ALTHOUGH ADMINISTRATION OF THIS TEST IS REQUIRED SOLELY FOR MONITORING
EDUCATIONAL PROGRESS, ARIZONA PUBLIC OFFICIALS AND ADMINISTRATORS MAY UTILIZE
THESE TEST SCORES FOR OTHER PURPOSES AS WELL IF THEY SO CHOOSE.

Sec. 4. Severability

If a provision of this act or its application to
any person or circumstances is held invalid, the invalidity does not affect
other provisions or applications of the act that can be given effect without
the invalid provision or application, and to this end the provisions of
this act are severable.

Sec. 5. Application

The provisions of this act cannot be waived, modified,
or set aside by any elected or appointed official or administrator, except
as through the amendment process provided for in the Arizona constitution.